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United States v. Alex Nain Saab Morán · S.D. Fla. No. 1:19-cr-20450 (2019 case)

Prosecutors oppose limiting Zoom access to Saab's hearings

ImportantFiled in court on November 8, 2021 · Judge Robert N. Scola Jr.
Published · Updated

According to the docket, Alex Saab's defense had asked the court to limit Zoom access to future hearings to necessary parties, Saab's family and "reputable news organizations," after photos and videos of him were published from his October 18, 2021 initial appearance. The government responded that it objects to any "closure" of the proceedings, citing a Justice Department policy requiring it to oppose closure except in narrow circumstances involving trial fairness or safety, which it says are not present here. The government does agree the court should enforce Rule 53's ban on photographing or recording hearings, and proposes holding future hearings in person, with an overflow room with video or added telephone access.

Court
U.S. District Court, Southern District of Florida (Miami) · case 1:19-cr-20450
Judge
Robert N. Scola Jr.
Prosecution
U.S. Attorney's Office, Southern District of Florida
Where it stands
2019 money-laundering case. Saab was extradited from Cape Verde in October 2021 and released in December 2023 in a prisoner swap with Venezuela; the charges were dismissed then.

What it means

The filing pits two approaches against each other: the defense wants to shrink who can watch Saab's hearings over Zoom to stop further images of him from circulating, while the government argues the hearings should stay open to the public and press generally. Prosecutors do not dispute that Rule 53 has been violated, but argue the fix is warnings and, eventually, in-person hearings rather than restricting access.

In the document's own words

“of the vital public interest in open judicial proceedings, the Government has a general overriding affirmative duty to oppose their closure.”
Page 2 — Shows the legal basis the government cites for opposing any restriction on hearing access.
“the Government proposes in-person hearings with allowances for public attendance or attendance via a live video feed in an overflow room”
Page 4 — Is the government's concrete proposal for solving the problem without restricting Zoom access.
This summary (PDF) The court document (PDF) Full Spanish translation (PDF)
How the court describes it (original, English)
RESPONSE to Motion by USA as to Alex Nain Saab Moran, Alvaro Pulido Vargas re 59 Defendant's MOTION Motion to Enforce Rule 53 and Limit Zoom Access Replies due by 11/15/2021. (Kramer, Alexander) (Entered: 11/08/2021)

Our plain-language summary of a public court record, written with AI help and checked against the document. It is not a finding of guilt or legal advice. See a mistake? Tell us

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